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PROPERTY PLUS INVESTMENTS v. MERS

No. 69072.

401 P.3d 728 (2017)

133 Nev.Adv.Opn. 62

PROPERTY PLUS INVESTMENTS, LLC, a Nevada Limited Liability Company, Appellant, v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., an Illinois Corporation; and Christiana Trust, a Division of Wilmington Savings Fund Society, FSB, not in its Individual Capacity but as Trustee of ARLP Trust 3, in c/o Altisource Asset Management Corporation, Respondents.

Supreme Court of Nevada.

FILED SEPTEMBER 14, 2017.

Attorney(s) appearing for the Case

Kim Gilbert Ebron and Jacqueline A. Gilbert and Diana Cline Ebron , Las Vegas; Kang & Associates, PLLC, and Patrick W. Kang and Erica D. Loyd , Las Vegas, for Appellant.

Wright, Finlay & Zak, LLP, and Dana Jonathon Nitz , Edgar C. Smith , and Christopher A. J. Swift , Las Vegas, for Respondents.

BEFORE THE COURT EN BANC.

OPINION

In this appeal from a district court summary judgment in a quiet title action involving superpriority liens, we hold that an HOA is not limited to only one superpriority lien under NRS 116.3116 per parcel of property forever. Rather, when an HOA rescinds a superpriority lien on a property, the...

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